The Liability of State to Fulfill Children’s Rights to Education in a Non-International Armed Conflict Situation in Papua

DOI

10.2991/978-2-38476-303-0_98How to use a DOI?

Keywords

Liability state; Education right; Children; Armed conflict; Papua

Abstract

Children’s rights are the State’s liability to fulfil in any condition, whether the country is in a peaceful/stable condition or a condition of conflict. If this is not fulfilled, several legal consequences will arise because not fulfilling children’s rights violates human rights. Moreover, in conflict conditions, children are non-combatant actors and are protected by national and international law. This research is normative legal research, essentially legal research examining legislative regulations, library materials, or secondary data. The research method employed is a qualitative approach based on the basic source materials. It examines theoretical matters relating to international rules or instruments regarding war and its social development (sociology of law). Violations of educational rights in non-international armed conflict situations in Papua can occur by omission (disruption of the teaching and learning process, child displacement, and international intervention that lacks understanding) and by commission (violence, discrimination, destruction of educational facilities and acts of omission by the Government). The liability of state is aligned with the fulfilment of the constitutional right to education, which ensures that no child is left behind in access and quality of education, which is central to achieving the SDGs. Additionaly, those liabilities through government efforts towards the educational rights of Papuan children who are victims of the KKB Papua armed conflict includes supervision and protection of teachers and children, holistic and collaborative conflict resolution, and active and dignified international involvement.

Copyright

© 2024 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Mellisa Towadi
AU  - Fence M. Wantu
AU  - Mutia Cherawaty Thalib
AU  - Moh. Taufiq Zulfikar Sarson
AU  - Elisabeth Septin Puspoayu
AU  - Julius T. Mandjo
PY  - 2024
DA  - 2024/12/11
TI  - The Liability of State to Fulfill Children’s Rights to Education in a Non-International Armed Conflict Situation in Papua
BT  - Proceedings of the 4th International Conference on Social Sciences and Law (ICSSL 2024)
PB  - Atlantis Press
SP  - 1102
EP  - 1123
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-303-0_98
DO  - 10.2991/978-2-38476-303-0_98
ID  - Towadi2024
ER  -